§ 36.057  PERMIT NEEDED.
   (A)   On and after the effective date of this subchapter, it shall be unlawful for any producer to continue to conduct, or thereafter to begin to conduct, any form of amusement, or any itinerant form of amusement, within the borough, unless an amusement permit or permits shall have been issued to him or her, and the tax herein imposed paid in accordance with the provisions herein made.
   (B)   Every producer desiring to continue to conduct or hereafter to begin to conduct any amusement within the borough shall file an application for a permanent, temporary or itinerant amusement permit or permits, as the case may be, with the Secretary. Every application for such permit or permits shall be made upon a form prescribed, prepared and furnished by and procured from the Secretary. Upon approval of the application, the Secretary shall grant and issue to each applicant an amusement permit for each place of amusement within the borough set forth in his or her application. Amusement permits shall not be assignable, and shall be valid only for the persons in whose names issued and for the conduct of amusements at the places designated therein, and shall at all times be conspicuously displayed at the places for which issued. The producer of an itinerant form of amusement shall notify the Secretary promptly of any change in the originally contemplated itinerary, either as to date or time of the conduct of the amusement at each place.
   (C)   The Secretary may, after hearing, suspend or revoke an amusement permit whenever he or she finds that the holder thereof has failed to comply with any of the provisions of this subchapter. Upon suspending or revoking any amusement permit, the holder thereof shall surrender to the Secretary immediately all permits or duplicates thereof issued to the holder, and the holder shall. Whenever the Secretary desires to suspend or revoke an amusement permit, he or she shall notify the holder immediately of the date, place and time fixed for hearing thereon.
   (D)   The permits heretofore referred to shall be issued according to the following criteria.
      (1)   Permits for permanent places of amusement shall be procured yearly on or before January 1 of each year, and the applicant shall be required to apply for the same annually.
      (2)   Permits for temporary places of amusement shall be procured at least five days in advance of the date upon which the initial conduct of the place of amusement is scheduled to occur, and said permit, upon application, may be renewed for one period of 30 days.
      (3)   Permits for itinerant places of amusement shall be procured at least five days in advance of the date upon which the initial conduct of the place of amusement is scheduled to occur, and said permit shall be valid only for a period of 15 days from the date of issuance. The said permit may, upon application, be renewed for one period of seven days.
      (4)   All producers conducting temporary or itinerant places of amusement shall be require, upon order of the Secretary, to pay in advance an amount determined by the Secretary to equal one-third of the tax estimated to be due from such producer hereunder, said amount not to exceed $3,500, which amount shall be credited to the actual tax due hereunder by such producer, and any overpayment shall be promptly refunded to such producer, without interest.
(Ord. 1003, passed 7-16-1996)